Malvasio v Savran;  2011 NY Slip Op 31763(U);  June 30, 2011; Supreme Court, Nassau County
Judge: Jeffrey S. Brown is an illustration of the "but for" element of legal malpractice.  Plaintiff must be able to demonstrate that there would have been a better or different outcome had the attorneys done their job.

"Plaintiffs claim…

A Long Island practitioner persisted in moving and appealing, and the AD rewarded him with reversal of the dismissal of two of the causes of action in his case.  In Hoffman v Colleluori
2011 NY Slip Op 05669  Decided on June 28, 2011 ; Appellate Division, Second Department we see the AD calculating the statute…

Legal proceedings in foreclosure settings have ebbed and flowed over the years.  Right now there is a tremendous backlog in the cases, mostly as a result of tightened rules.  The concept of Robosigners has recently been in the news, and this case highlights the dangers to bank attorneys in foreclosures.  HSBC Bank USA, N.A. v …

American Lawyer reports that legal malpractice claims are on the rise in the US.

"Law firms are being hit with significantly more malpractice claims in 2011 than they were in 2010, according to a new survey of insurers that specialize in legal malpractice coverage. The sputtering economy and a sagging real estate market are the…

In Legal Malpractice the question of a statute of limitations often arises.  Legal malpractice accrues on the date that the mistake is made, not on the day plaintiff discovers it.  Continuous representation allows plaintiff to continue to use the attorney, and does not require an immediate suit,  In Aronov v Law Off. of Roman Popik, P.C.…

It is a rare case in which a legal malpractice cause of action is upheld against the other side’s attorney.  Privity of contract is the first thing one thinks about when gauging whether there can be a legal malpractice case.  Here, in Ginsburg Dev. Cos., LLC v Carbone ; 2011 NY Slip Op 05664
Decided…

Attorney fee disputes often blossom into legal malpractice cases, although Stephan B. Gleich & Assoc. v Gritsipis ; 2011 NY Slip Op 05483 ; Decided on June 21, 2011 ; Appellate Division, Second Department is not one of these.  Nevertheless, it is one of the longest attorney fee disputes in memory. The case itself started in…

BLT reports that the Wilmer law firm may well have to pay $ 214 million in legal malrpactice settlement fees, all depending on a case in which they have no say. From the article:

"Wilmer Cutler Pickering Hale and Dorr is facing the prospect of making $214 million in payments to one of its clients…